Tier 1 (General ) extension issue any solutions ?

[Dreamsunlimited]

Hello,

I have just applied for my extension for my tier 1 general visa.
My initial visa was of 3 years and will get a extension for 2 years.

All my point are complete but there is a small issue in my visa extension.
I place I work we don't get the wages paid into the bank.

It a weekly based pay cash.

I made the mistake of not putting the wages into the bank.
I have only send the last 3 month bank statement in which I have put the wages in the bank.
I have the wage slips though and letter from the employer.
But I don't have the first 9 month statement.
The guidance notes say that I have to provide prof from 2 different sources.
Other then wage slips and bank statement I could not find any other option.


Is there anyone who has experience the similar kind of issue in there visa ?
And what are my chances in this visa.


Many thanks in advance for all the replies [/quote]

[mulderpf]

I don't think that there is much that you can do. As you cannot fully substantiate all of your income, you cannot claim the points and therefore do not qualify.

Now this may sound harsh, but I am very surprised that you are even in this situation. When you initially applied for your visa, did you not take note of all the paperwork required or at least have a general idea? I have completely based my entire life around my visa extension to make sure that everything is in place.

As it sounds like you've already applied I guess there's nothing more you can do but hope that somewhere, someone doesn't do their job properly (unlikely).

[Dreamsunlimited]

The way I initially applied for it was different. In the first was I was self employed and there were 3 sources in that way.

Now I have to provide 2 sources and I partially fill both of them for 2 months but many months remain.

Though I have submitted my p60 but I don't think so they accept it as well.

Can I ring hm revenue and get a record of my employment history and send it later on as well. Will it give me any kind of help.

[paribus]

I don't think that there is much that you can do. As you cannot fully substantiate all of your income, you cannot claim the points and therefore do not qualify.

Now this may sound harsh, but I am very surprised that you are even in this situation. When you initially applied for your visa, did you not take note of all the paperwork required or at least have a general idea? I have completely based my entire life around my visa extension to make sure that everything is in place.

As it sounds like you've already applied I guess there's nothing more you can do but hope that somewhere, someone doesn't do their job properly (unlikely).

I have to pick up on this and can't agree more. Whilst not generalising, questions that sometimes get asked on this forum cannot but make you ponder - this is meant to be a 'highly skilled' scheme. Once an applicant gets an initial 2 or 3-year visa, the expectations really should be that you start planning right away for your next renewal that is 2 or 3 years away and start deliberating on decisions and choices you'll have to make along the line that may affect your ability to complete a renewal successfully.

[mulderpf]

The way I initially applied for it was different. In the first was I was self employed and there were 3 sources in that way.

Now I have to provide 2 sources and I partially fill both of them for 2 months but many months remain.

Though I have submitted my p60 but I don't think so they accept it as well.

Can I ring hm revenue and get a record of my employment history and send it later on as well. Will it give me any kind of help.

No, you can't. A P60 or any other tax letter would be deemed the same source as payslips or an employer's letter.

[Dreamsunlimited]

So UKBA is trying to say that by some reason you are geeting paid back and if you my mistake don't put some of the wages in bank. You will not get this visa

[thebionicredneck2003]

Ideally, your wages should be paid into a bank account and earnings are verified this way as they can be corroborated. It is unfortunate that you are in this predicament, but as some of the other posters have said, it is down to your own error and not an error of The Home Office

[Dreamsunlimited]

I had a long chat with a solicitor he said that the guideline about this is not clear mic about thoes kind of people who are paid cash. Because errors can be made from a human.
There are less chances of me geeting the visa.
The + point is that the company I work for his Fsa registered and they do accountancy there selves and there are certain rules for these kind of companies. If they say that am luying about my wages it means that are putting some kind of blame on the company as well.

If its goes to court it's hard for them to win.

[thebionicredneck2003]

If the company you work for is FSA registered, why are they not paying your salary into a bank account?

I don't exactly know what you mean by

If its goes to court it's hard for them to win

Hard for who exactly to win?

[Dreamsunlimited]

The wages are not fixed and most of the employees wanted weekly wages and it had many various every week. So they kept the wages cash to get out all the hassle.


I meant that if the case if it gets rejected goes into court. It will be hard for ukba to win this case on the bases of "wages not showing in the bank"

[thebionicredneck2003]

I am still not fully convinced that the reason you have given justifies employees being paid in cash and not via a bank account. This may not apply to you, but usually when people are paid in cash, it is done to avoid paying tax, but once again, this may not apply to you so do not take offence, as none is intended.

I also disagree that it will be hard for The Home Office to win a case against you if it goes to court. I actually think they have a very strong case as you have not fulfilled the requirement to show and corroborate your earnings claimed.

[Dreamsunlimited]

I can understand my employee policy about cash though. It's hassle free for him saves time and money etc.

Well what can I say everyone has a differnt opinion. The solicitor said it a strong point to fight about in court that a person is paid cash and he makes a mistake about for some month to put the pages in bank. So for this reason he should not be given extension.

[cs95tdg]

The + point is that the company I work for his Fsa registered and they do accountancy there selves and there are certain rules for these kind of companies. If they say that am luying about my wages it means that are putting some kind of blame on the company as well. If its goes to court it's hard for them to win.

I disagree with this point. What will matter in a court of law will be whether the applicant met the requirements as stated in the immigration rules. So if your solicitor can prove that you did, then yes. But if not, it would be the UKBA who would have a strong case.

[thebionicredneck2003]

I wish you the best in your extension, but out of curiosity, how exactly does paying you in cash save the employer money?

[Dreamsunlimited]

Well it's a hard thing to explain. But they are going many things manually like this just print the wages and one guy puts the money. It's more complicated for them to do things like that. It's hard to explain how they work.
Lets see

[Dreamsunlimited]

I was searching the forums and looking for someone who might have experienced smiler thing but there is no one

[mulderpf]

I had a long chat with a solicitor he said that the guideline about this is not clear mic about thoes kind of people who are paid cash. Because errors can be made from a human.
There are less chances of me geeting the visa.
The + point is that the company I work for his Fsa registered and they do accountancy there selves and there are certain rules for these kind of companies. If they say that am luying about my wages it means that are putting some kind of blame on the company as well.

If its goes to court it's hard for them to win.

Does this solicitor specialise in immigration matters, because he is making up stuff. The guidance is 100% clear about proof of earnings.

Also, a refusal will be due to the fact that you don't have the necessary supporting documentation, not because anyone thinks you are lying. (It would be the same as trying to prove maintenance fund by taking a bag of cash to Croydon with you - even though you might have the money, it is not as per the requirements to have been in an account for three and would be rejected).

[Dreamsunlimited]

I have full faith with the solicitor. He is dealing with the immigration matter for a long time and many have my friends very complex cases are done by him successfully. I only shared his opinion.

The guide line is very clear. His only say was that if the case gets rejected you can fight it on these grounds. I have made a mistake but my wages are genuine the company is genuine etc. can try to fight it.

Or go back home if the case is rejected. There is no other option then to fight it anyways.


In April there will be audit of the company. It's done by external auditor might can get his documents as well on which he can verify that I work from them and I have been paid this salary. Etc

[mulderpf]

The source of your earnings would still be considered to be the employer and still cannot be corroborated elsewhere. An audit won't help anything.

I trust that this solicitor will do this work on a no win, no fee basis if he is so sure of this. I say this because you are the only one that will lose at the end of this based on the false promises of someone else.

Not having bank statements to prove your earnings isn't a very complex case. It's quite simple actually - you do not have the required supporting evidence, therefore you do not qualify. That's the entire purpose of the points-based-system - to eliminate any grey areas - not saying there are none, but in your case, it is perfectly clear that you do not meet the requirements.

[Dreamsunlimited]

Oh well I know that now let's see I will just wait for the rejection then lol

[mulderpf]

So I take it that this solicitor is going to charge you for going through with this? I would honestly call his bluff and say that if he is no sure, he should do the work on a no win, no fee basis.

[Dreamsunlimited]

I have only ask for his SUGGESTION. Only if the case gets rejected.

The bank statement is a proof of my income. Which is missing his only say was that in court I will to prove on alternate ways of my income. That is my only option left here.
It's my decision to got for it or not with him. Still the case in under review yet.

Secondly it posted if here my issue to find a solution. Or was looking for someone with the simpler issue. But I think there is none

[mulderpf]

that in court I will to prove on alternate ways of my income

You are being advised incorrectly. You will not go to court. If you get to appeal then you will simply appeal which will be rejected as you have no complied to the rules for Tier 1 (General) as set out in Appendix A - specifically in your case paragraph 19 (a) and 19-SD(a).

The same way in which you need to earn a certain amount, you need to have this paid into a bank account. The same way in which you need to have some maintenance fund, it needs to be in a bank account. Not having your maintenance fund in an acceptable bank account is the same as not having maintenance fund at all. It's the same for your salary - if you don't have the necessary supporting documents, it is the same as if you didn't have the earnings to start with.

Out of interest, as you have applied already, what type of advice were you looking for on here? Why did you not ask for help before applying?

[Dreamsunlimited]

I had to apply anyway. It was to late for me to ask for help.
The damage for already done. But thank you for this suggestion.
I will keep you updates for the outcomes.